Frye v. Commissioner of Social Security

Filing 23

STIPULATION and ORDER AWARDING fees and expenses in the amount of $7,200.00 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and $400.00 in costs to be paid separately from the Judgment Fund pursuant to the terms of the parties' stipulation. Order signed by Magistrate Judge Erica P. Grosjean on 5/19/2017. (Rooney, M)

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1 Jonathan O. Peña, Esq. CA Bar ID No.: 278044 2 Peña & Bromberg, PLC 3 5740 N. Palm Avenue Suite 103 4 Fresno, CA 93704 5 Telephone: 559-412-5390 Facsimile:866-282-6709 6 7 Karl E. Osterhout, Esq. 8 521 Cedar Way, Suite 200 9 Oakmont, PA 15139 Tel: 412-794-8003 10 Fax: 412-794-8050 11 Email: 12 Attorneys for Plaintiff, Christine Dalories Frye 13 UNITED STATES DISTRICT COURT 14 FOR THE EASTERN DISTRICT OF CALIFORNIA 15 16 17 CHRISTINE DALORIES FRYE, 18 Plaintiff, 19 v. 20 Case No. 1:15-CV-01819-EFB STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (EAJA) 28 U.S.C. § 2412(d) NANCY A. BERRYHILL, Acting 21 Commissioner of Social Security, 22 Defendant. 23 TO THE HONORABLE ERICA P.GROSJEAN, MAGISTRATE JUDGE OF 24 THE UNITED STATES DISTRICT COURT: 25 The Parties through their undersigned counsel, subject to the Court’s approval, 26 stipulate that Plaintiff be awarded attorney fees in the amount of SEVEN THOUSAND, 27 28 TWO HUNDRED DOLLARS ($7,200.00) under the Equal Access to Justice Act 1 (EAJA), 28 U.S.C. § 2412(d), and FOUR HUNDRED ($400.00) in costs to be paid 2 separately from the Judgment Fund. This amount represents compensation for all legal 3 services rendered on behalf of Plaintiff by counsel in connection with this civil action, 4 in accordance with 28 U.S.C. § 2412(d). 5 6 7 8 9 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on whether the fees are subject to any offset allowed under the United States Department of the Treasury’s Offset Program. After 10 11 12 13 14 the order for EAJA fees is entered, the government will determine whether they are subject to any offset. Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause 15 the payment of fees, expenses and costs to be made directly to counsel, pursuant to the 16 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s 17 counsel, Karl E. Osterhout. 18 This stipulation constitutes a compromise settlement of Plaintiff’s request for 19 EAJA fees, and does not constitute an admission of liability on the part of Defendant 20 under EAJA or otherwise. Payment of SEVEN THOUSAND, TWO HUNDRED 21 DOLLARS ($7,200.00) in EAJA attorney fees, and FOUR HUNDRED ($400.00) in 22 costs to be paid separately from the Judgment Fund, shall constitute a complete release 23 from, and bar to, any and all claims that Plaintiff and Plaintiff’s attorney, Karl E. 24 Osterhout, may have relating to EAJA attorney fees in connection with this action. 25 26 27 This award is without prejudice to the rights of Plaintiff’s attorney to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 28 -2- 1 Respectfully submitted, 2 3 Dated: May 8, 2017 4 5 6 Dated: May 8, 2017 /s/ Jonathan O. Peña JONATHAN O. PEÑA Attorney for Plaintiff Dated: May 16, 2017 PHILLIP A. TALBERT Acting United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration 7 8 9 /s/ Karl E. Osterhout KARL E. OSTERHOUT Attorney for Plaintiff 10 11 12 13 By: /s/ Sharon Lahey1 SHARON LAHEY Special Assistant U.S. Attorney Attorneys for Defendant 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 Permission for use of electronic signature obtained from counsel by email dated 5/16/17. 28 -3- 1 2 ORDER Based upon the parties’ Stipulation for the Award and Payment of Equal Access 3 to Justice Act Fees, Costs, and Expenses: 4 IT IS ORDERED that fees and expenses in the amount of $7,200.00 under the 5 6 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and $400.00 in costs to be paid separately from the Judgment Fund pursuant to the terms of the parties’ stipulation. 7 8 IT IS SO ORDERED. 9 Dated: May 19, 2017 10 /s/ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-

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